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IP Australia wins digital award, Stephen Colbert talks trademarks, and USPTO seeks new judge: news round-up
In our latest round-up, we look at UFC star Conor McGregor potentially facing a hefty fine in his latest trademark tussle, the Supreme newspaper promotion reminding us of the power of strong logos, a Minneapolis official who sought registered trademark protection of a blog that criticised her, and a Delhi court getting tough on perjury in a trademark case.
Trademark "reveals" Star Trek series name, T-ARA denied, and PewDiePie responds to “fake” sponsorship: news round-up
In our latest round-up, we look at a call to boycott a Hawaiian food chain over trademark enforcement, YouTube star PewDiePie hits back over "fake" sponsored video accusation, an analysis of cutting-edge technologies being developed in the fight against counterfeit food, the name for Patrick Stewart’s Star Trek TV series may have been revealed in a trademark application, and much more.
AI boosts counterfeit seizures in Hong Kong; expert claims focus should be on small package detection
Customs authorities in Hong Kong have managed to increase the seizure rate of fake goods by one-third in the first half of 2018 thanks to the use of artificial intelligence (AI). This report unexpectedly received negative online reactions, with commentators suggesting that customs should instead be focusing on street sellers. However, one expert tells us that this is a step in the right direction although adding that more attention should be given to the movement of counterfeits via small parcels and on greater collaboration between customs and brand owners.
Audi launches anti-counterfeiting campaign, YouTube brand safety fiasco and TMview expands: news round-up
In our latest round-up, we look at the expansion of the EUIPO’s TMview search platform, Audi launching an anti-counterfeiting awareness campaign, Scotch Whisky attaining GI protection in South Africa, Chinese trademarks continuing rapid growth rate, and much more.
A look at the most popular articles and legal updates we have published over the past 12 months with Amazon overtaking Apple and Google to be named the world’s most valuable brand topping the table.
The Bengaluru City Court has vacated an ex parte injunction preventing the defendants from using the MISS EARTH mark in respect of a beauty pageant. Among other things, the court found that the plaintiff had suppressed material facts including the fact that its registration for MISS EARTH in Class 41 was no longer valid.
Defunct NFL franchise trademarks, counterfeiters target Kickstarter and Pinduoduo investigated: news round-up
In our latest round-up, we look at Chinese regulators launching an investigation into e-commerce platform Pinduoduo, how tomato DNA is being used to combat dangerous counterfeits, an IP workshop in Kashmir, the Vega+ games console losing branding rights, reveal the members of the new WHOIS working group and much more.
A new anti-sanction bill aimed at the prevention and suppression of unlawful and hostile foreign actions against political and economic stability in Russia, signed by the president on 4 June 2018, is now in force. Importantly, the bill does not concern the IP assets of foreign legal entities, and the fears of compulsory licensing and limited trademark protection have so far been left overboard.
In Walton International Ltd v Verweij Fashion BV, the High Court has set aside a notice of discontinuance filed by Walton International in relation to its EU trademarks GIORDANO. The court held that, if the notice were to be permitted, it would be only on the condition that Walton International did not further assert the marks against Verweij Fashion in any other EU member state or rely on them before the EUIPO.
GDPR “unmitigated victory” for scammers, Thunderpussy support and World Cup fakes crackdown: news round-up
In our latest round-up, we look at the questions that arose over whether US President Donald Trump violated Deere’s trademark rights, registrations rising for UK spirit marks, Interpol celebrates collaboration, GDPR being labelled “an unmitigated victory for spammers and scammers” and much more.
“Stop the uncritical worship of the God of Automation”: practitioners push back on end-to-end electronic filings
The comment period for a proposed rulemaking change that would mandate the electronic filing of trademark applications, and associated submissions, at the USPTO closed last night. A number of concerns were raised about the proposed move, with current online systems coming in for criticism and warnings that some of the proposed changes could create an opportunity for trademark scammers.
When it comes to exercising jurisdiction in online disputes, Indian jurisprudence has some way to go but case law analysis may provide critical insight.
Mark owners beware: trademarks slipping through the cracks of loose corporate structures and corporate governance
The decisions of the Supreme Court of Appeal in Herbal Zone v Infitech Technologies and Morris Material Handling Ltd v Morris Material Handling SA highlight the dangers to trademark owners, from a proof of use perspective, in not setting up their corporate structures properly and not taking greater care in avoiding vagueness and ambiguity in their corporate and marketing materials.
Rush to register French football star Mbappé's name highlights China's rampant trademark squatting problem
Following the match between France and Argentina during the 2018 FIFA World Cup, a staggering 169 trademark applications were filed by Chinese companies and individuals to register French footballer Kylian Mbappé’s name as a trademark. The rush highlights China’s longstanding trademark squatting problem and serves as an important reminder that celebrities and businesses should have a trademark protection strategy in place in China.
In The Military Mutual Ltd v Police Mutual Assurance Society Ltd, the Intellectual Property Enterprise Court has dismissed Military Mutual's passing-off claim against Police Mutual. For brand owners and those providing regulated products and services, the case demonstrates the limits of extended passing off in particular, the need to have a clearly defined class of goods or services.
The Croatian IP Office has upheld an opposition filed by Advance Magazine Publishers Inc, the owner of the trademark VOGUE GIRL, against the registration of the figurative mark V.O.G.U.E. BY MIRJANA SMOLJO. The IP Office found that the word ‘vogue’ was the dominant element in both marks and that the additional word and device elements in the opposed mark were not sufficiently distinctive to prevent a risk of confusion.
“If people ask me what I do, I say that I sell cereal”: perspectives on brand management at General Mills
To continue our series of articles providing exclusive insights into the work of WTR 300-featured corporate trademark professionals, World Trademark Review spoke this week with Joshua Burke, senior IP counsel at US consumer foods conglomerate General Mills.
In Dunlop v Goodyear, the Federal Court of Australia has considered a dispute over the use and registration of the mark DUNLOP and the 'flying D' device mark. Among other things, the court found that although Goodyear US, the registered owner, did not itself exercise quality control over the goods that were being traded by Goodyear Australia, the use of the marks by Goodyear Australia was under the control of Goodyear US.
Plain packaging for bank loans, Honduras to appeal WTO ruling and legality of Burberry burning: news round-up
In our latest edition, we look at how the TTAB has sided with Italian fashion brand Gucci in a dispute with a family member of Gucci’s founder, Kazakhstan's new IP law amendments, how young people are seeking purpose-driven brands, how Aldi walks the lookalike line, and much more.
The General Administration for Market Regulation has issued a set of draft regulations on the registration of company names for public consultation. The draft regulations include several noteworthy features: for the first time, the principles of good faith and honesty in the use of company names are expressly provided for, and the rights in a company name are recognised as from the date of its registration.
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